Board of Trustees

VILLAGE OF PORT CHESTER BOARD OF TRUSTEES Regular Meeting Monday, October 2, 2023 at 6:30 P.M. PROPOSED EXECUTIVE/CLOSED SESSION 6:30-7:00 P.M. TOWN OF RYE JUSTICE COURTROOM 350 North Main Street AGENDA Trustee Joseph E. Carvin, Jr. will be attending the meeting via videoconferencing from 1207 Hillsboro Mile, Hillsboro Beach, FL 33062, which will be open to the public for this meeting as well as the 350 N. Main Street Location. __________________________________________________________________________ I CALL TO ORDER / PLEDGE OF ALLEGIANCE II PROPOSED EXECUTIVE/CLOSED SESSION ACTION Appeal Hearing on the Taxi Commission’s decision to suspend Carlos 1 Arteaga’s Taxi Driver License for 2 weeks III PRESENTATION ACTION 1 By Angelo V. Sposta Chief Engineer Port Chester Fire Department Taxi Commission regarding amendments to the Village Code and 2 updates from the Chair IV DISCUSSIONS ACTION New York State Liquor Application for Los Remolinos Nightclub Corp 1 located 107 Adee Street Requested by: BOT New York State Liquor Authority’s 500 ft. Law Hearing regarding 2 Texas Chili Restaurant and Bar Inc. Requested by: Village Clerk V PUBLIC COMMENTS ACTION VI REPORT OF THE VILLAGE MANAGER ACTION VII RESOLUTIONS ACTION Awarding BID #2023-19 - 2023 Paving Program to Laura Li Industries, 1 LLC., P.O. Box 195, Purchase, New York 10577 Authorization of Village Mayor to enter into purchase and sale 2 agreement for the conveyance of development rights over the New Broad Street Municipal Parking Lot VIII CORRESPONDENCE ACTION From the Rye Town Park Commission regarding their intent to declare 1 lead agency for Pavilion Roof Replacement Project From Kings Capital Construction requesting to hang a custom-made 2 light pole banner during the holiday season From Salsa Picante requesting the use of a portion of the Shopper’s Parking Lot #17, for a fund-raising Taco Eating Contest to benefit the 3 Cozmad Foundation (ITF). It will include parking spaces #958 - #966 at a cost of $20 per space From Charles Sacco on request to post two banners announcing the 4 Columbus Day Parade 1 2023-10-02 Agenda IX PUBLIC COMMENTS AND BOARD COMMENTS ACTION 2 2023-10-02 Agenda  CALL TO ORDER PLEDGE OF ALLEGIANCE  PROPOSED MOTION FOR EXECUTIVE / CLOSED SESSION PRESENTATION PRESENTATIONS #1 PRESENTATIONS #2 DISCUSSION DISCUSSIONS #1 From: Donohue, Kevin To: Summa, Sara; Chiulli, Lawrence; Kiliveros, Lt. G.; Presta, Sgt M; Rosabella, Chief Chris Cc: Cerreto, Anthony Subject: RE: Liquor License Application - Los Remolinos Nightclub Corp. Date: Friday, September 8, 2023 5:16:53 PM Attachments: image003.png image004.png image005.png No permits have been applied for and permits have been issued. No certificates of occupancies has been issued Kevin Donohue, CFM Building Inspector Building Department T: 914.939.5203 F: 914.939.8747 E: KDonohue@PortChesterNY.gov 222 Grace Church St. | Port Chester, NY 10573 From: Summa, Sara <SSumma@portchesterny.gov> Sent: Thursday, September 7, 2023 9:43 AM To: Chiulli, Lawrence <LChiulli@portchesterny.gov>; Donohue, Kevin <KDonohue@portchesterny.gov>; Kiliveros, Lt. G. <LtKiliveros@portchesterny.gov>; Presta, Sgt M <DetSgtPresta@portchesterny.gov>; Rosabella, Chief Chris <ChiefRosabella@portchesterny.gov> Cc: Cerreto, Anthony <ACerreto@portchesterny.gov> Subject: Liquor License Application - Los Remolinos Nightclub Corp. Good Morning, Please see attached new liquor license application for Los Remolinos Nightclub Corp. located 107 Adee Street. Please send your comments or recommendations at your earliest opportunity. Best, Sara Summa Office Assistant Village Clerk’s Office T: (914) 939 5202 E: SSumma@PortChesterNY.gov 222 Grace Church ST. | Port Chester, NY 10573 From: Presta, Sgt M To: Summa, Sara Cc: Rosabella, Chief Chris Subject: RE: Liquor License Application - Kiosko Restaurant Date: Wednesday, September 13, 2023 2:13:38 PM Attachments: image001.png image002.png Sara, In regards to Los Remolinos I hold any comments until they file for all and any permits pertaining to the building department as well as a Cabaret License. Then application can be revisited. Best, Lt. Marcello Presta Detective Division Office # 914-939-6407 DETSGTPresta@portchesterny.gov From: Rosabella, Chief Chris <ChiefRosabella@portchesterny.gov> Sent: Tuesday, September 12, 2023 4:32 PM To: Kiliveros, Lt. G. <LtKiliveros@portchesterny.gov>; Presta, Sgt M <DetSgtPresta@portchesterny.gov> Subject: FW: Liquor License Application - Kiosko Restaurant Can someone let me know asap on the three that are still outstanding? Thanks Chief Chris Rosabella Port Chester Police Department 350 North Main Street Port Chester, N.Y. 10573 914-939-6386 (office) 914-939-2303 (fax) 914-300-4291 (cell) ChiefRosabella@portchesterny.gov From: Summa, Sara <SSumma@portchesterny.gov> Sent: Tuesday, September 12, 2023 2:39 PM To: Rosabella, Chief Chris <ChiefRosabella@portchesterny.gov> Subject: RE: Liquor License Application - Kiosko Restaurant Thank you Chief. There are a few application that are still outstanding. Los Remolinos Nightclub El Palacio De Maria DJ Gym Port Chester Thank you, Sara Summa Office Assistant Village Clerk’s Office T: (914) 939 5202 E: SSumma@PortChesterNY.gov 222 Grace Church ST. | Port Chester, NY 10573 DISCUSSIONS #2 PUBLIC COMMENTS  REPORT OF THE VILLAGE MANAGER RESOLUTIONS  RESOLUTION RES 01 10-02-2023 AWARDING BID FOR 2023 PAVING PROGRAM PROJECT On motion of TRUSTEE , seconded by TRUSTEE , the following resolution was adopted by the Board of Trustees of the Village of Port Chester, New York: WHEREAS, the Village of Port Chester advertised for competitive bids for the 2023 Paving Program Project (Bid No.: 2023-19); and WHEREAS, 5 bids were submitted; and WHEREAS, Laura Li Industries, LLC., P.O. Box 195, Purchase, New York 10577 was the lowest responsible bidder in the amount of $1,100,900.00 for the base bid and $122,000 for the alternate, for a total bid of $1,222,900,00, and meets all bid requirements; and WHEREAS, through the Village Manager, the village’s consulting engineers, Delaware Engineering, recommends that such bid be accepted. Now, therefore, be it RESOLVED, that the Board of Trustees hereby awards the bid for the 2023 Paving Program Project (Bid No.: 2023-19) to Laura Li Industries, LLC. in the amount of $1,222,900,00 base bid and alternate); and be it further RESOLVED, that the Village Manager is authorized to enter into the requisite agreement with the contractor for such work; and be it further RESOLVED, that funds are appropriated in Capital Project expenditure line item H.5110.400.2023.234. Approved as to Form: Anthony M. Cerreto, Village Attorney  Delaware Engineering, D.P.C. 28 Madison Avenue Extension Tel: 518.452.1290 Albany, New York 12203 Fax: 518.452.1335 Mr. Stuart Rabin Tuesday, September 26, 2023 Village Manager Village of Port Chester 222 Grace Church St, Port Chester, NY 10573 Subject: 2023 Paving Program Bid No. 2023-19 opened on 9/21/2023 Recommendation to Award Dear Mr. Rabin, Bids were received on September 21st, 2023 at Village Hall for Bid No. 2023-19, 2023 Paving Program. Four (4) bids were received, a bid tabulation is provided below. We have reviewed the bids, and determined that the low bidder is a responsive and qualified contractor. We recommend the project be awarded to Laura Li Industries for the total amount of $1,222,900.00. Contractor Base Bid Alternate Bid Total Laura Li Industries $ 1,100,900.00 $ 122,000.00 $ 1,222,900.00 ELQ Industries $ 1,174,000.00 $ 110,000.00 $ 1,284,000.00 Montesano Brothers $ 1,496,600.00 $ 143,000.00 $ 1,639,600.00 JR Cruz Corp. $ 2,118,500.00 $ 155,000.00 $ 2,273,500.00 Feel free to call me any time at (518) 452-1290 (office), or (201) 839-7548 (Mobile) if you have any questions or concerns. Sincerely, James Cavalari Project Engineer __________________________________________________________ 55 South Main St, Oneonta, New York 13820 ∙ Phone (607) 432-8073 16 East Market St, Red Hook, New York 12571 ∙ Phone (518) 452-1290 548 Broadway, Monticello, New York 12701 ∙ Phone (845) 791-7777 223 Main St, Suite 103, Goshen, New York 10924 ∙ Phone (845) 615-9232  RES 02 RESOLUTION 10-02-2023 AUTHORIZE VILLAGE MAYOR TO ENTER INTO PURCHASE AND SALE AGREEMENT FOR THE CONVEYANCE OF DEVELOPMENT RIGHTS TO NERI BAKERTY TO FACILITATE ADDITION FOR STORAGE OVER THE NEW BROAD STREET MUNICIPAL PARKING SURFACE LOT AND TO PROVIDE A FIVE-YEAR OPTION FOR THE VILLAGE TO ACQUIRE DEVELOPMENT RIGHTS ON CERTAIN RELATED NERI BAKERY PROPERTIES ON PEARL AND SMITH STREETS FOR A POTENTIAL NEW STRUCTURED PARKING LOT AND TO AUTHORIZE NERI BAKERY TO MAKE APPLICATION TO PLANNING COMMISSION FOR SITE PLAN APPROVAL FOR SUCH ADDITION On motion of TRUSTEE , seconded by TRUSTEE , the following resolution was adopted by the Board of Trustees of the Village of Port Chester, New York: WHEREAS, the Village owns and operates a municipal parking surface lot on New Broad Street, (hereinafter “Village Lot”); and WHEREAS, in correspondence dated June 23, 2023, Anthony Tirone, Esq. expressed interest on behalf of Neri Bakery related entities (“Neri Bakery”) in acquiring development rights above the Village Lot to provide an addition for storage space; and WHEREAS, the village has been advised that it is not feasible to construct structured parking at the location; and WHEREAS, the area of the requested development rights is unnecessary and surplus to village needs; and WHEREAS, in the exercise of due diligence the village commissioned an independent appraisal valuing such development rights; and WHEREAS, the Board of Trustees has the power to sell real property pursuant to New York State Village Law Section 1-102(1) and the method of sale chosen is within the sound discretion of the Board of Trustees; and WHEREAS, the available methods of sale include the right to sell the property through a private negotiated sale; and WHEREAS, the Board of Trustees is entrusted with a fiduciary duty to secure the best price obtainable in its judgment or on the most beneficial terms in the public interest for any lawful use; and WHEREAS, concurrently the village has the urgent need for a structured parking facility in the downtown area; and WHEREAS, the Board has commissioned a Request for Proposals (“RFP”) to retain a consultant to study the feasibility of a structured parking facility at a number of alternative locations; and WHEREAS, the selected consultant has begun its work; and WHEREAS, the parties have since concluded their negotiations, with the material terms of the transaction to be as follows: • Sale price of $400,000 to Neri Bakery for development rights at the New Broad Street parking lot • Consideration to include Neri Bakery making physical improvements to the lot, such as new paving, lighting and striping • Village to authorize and support Neri Bakery’s application for site plan approval for the proposed addition • Village to have a five year option of acquiring development rights to the aforesaid Neri Bakery parcels on Pearl and Smith Streets for a potential structured municipal parking facility with a sales price fixed at $400,000, with the ground level of such facility reserved for Neri Bakery’s exclusive use. Now, therefore, be it RESOLVED, that the area above the New Broad Street parking lot sought is hereby declared unnecessary and surplus to village needs; and be it further RESOLVED, that the Board of Trustees hereby directs the Village Attorney or of counsel to prepare the requisite Purchase and Sale Agreement consistent with this resolution; and be it further RESOLVED, that upon presentment the Mayor is hereby authorized to execute the Purchase and Sale Agreement; and be it further RESOLVED, that the Board authorizes Neri Bakery to make application to the Planning Commission for site plan approval for the proposed addition; and be it further  RESOLVED, that this resolution and Purchase and Sale Agreement shall be subject to all applicable law, rules, or regulations, including but not limited to, compliance with the State Environmental Quality Review Act 6 NYCRR Section 617 (“SEQRA”); and be it further RESOLVED, in furtherance of same, the Board hereby declares its’ intent to designate itself as Lead Agency for the purposes of a coordinated SEQRA review and that such notice be given to all interested and involved agencies. Approved as to Form: Anthony M. Cerreto, Village Attorney CORRESPONDENCE  CORR 01 10-02-2023 Rye Town Park Commission 222 Grace Church Street, Suite 302 Port Chester, NY 10573 Gary J. Zuckerman, Esq. Tel: 914.939.3075 · Fax: 914.939.1465 Commissioners Gary J. Zuckerman, Esq. President www.townofryeny.com Paul Rosenberg President Lindsay Jackson Deborah A. Reisner Luis Marino Deborah A. Reisner Commission Secretary Josh Cohn Commission Secretary Emily Proskine Hurd September 22, 2023 To: Involved and Interested Agencies under SEQR (see Distribution List attached) Subject: RYE TOWN PARK REPAIR/REPLACEMENT OF PAVILION ROOFS Designation of Lead Agency in Accordance with SEQRA Dear Sir/Madam: The RYE TOWN PARK COMMISSION is hereby notifying you that it intends to perform the following at Rye Town Park at Dearborn Avenue in the City of Rye: Repair/Replacement of Mediterranean Style Terracotta Tile Roofs on Two Pavilions Rye Town Park is owned jointly by the City of Rye and the Town of Rye and is managed pursuant to State Statute by the RYE TOWN PARK COMMISSION. The RYE TOWN PARK COMMISSION hereby declares its intent to serve as the Lead Agency for the environmental review of the proposed action. Further, the RYE TOWN PARK COMMISSION is hereby notifying you that, in accordance with the provisions of the State Environmental Quality Review Act (SEQRA), the RYE TOWN PARK COMMISSION will automatically become the Lead Agency unless you submit a written objection to the RYE TOWN PARK COMMISSION within 30 calendar days of the mailing of this notification. Enclosed for your use, if you choose, is a form for responding to the RYE TOWN PARK COMMISSION. In accordance with the requirements of SEQRA, enclosed for your review is Part 1 of the Short Environmental Assessment Form (EAF) which has been prepared by the RYE TOWN PARK COMMISSION for the proposed action. Please be advised that, pursuant to SEQR Section 617.5 (c) this project is a Type 2 action not subject to further review as it is a maintenance or repair involving no substantial changes in an existing structure or facility, or any replacement, rehabilitation or reconstruction will be “in kind” on the same site, and such action does not meet or exceed any of the thresholds in section 617.4 of this Part. Very truly yours, Gary J. Zuckerman President RYE TOWN PARK COMMISSION  Rye Town Park Commission Repair/Replacement of Pavilion Roofs SEQR Lead Agency Coordination Westchester County Planning Department 148 Martine Avenue White Plains, NY 10601 New York State Department of Environmental Conservation, Region 3 Regional Director 21 South Putt Corners Road New Paltz, NY 12561 Erin Drost NYS Office of Parks, Recreation & Historic Preservation 9 old post Road Staatsburg, NY 12580 Carolyn D'Andrea, Esq. City Clerk City of Rye 1051 Boston Post Rd, Rye, NY 10580 Jerry Barberio, Village Manager P.O Box 369 123 Mamaroneck Avenue Mamaroneck, NY 10543 Janusz Richards, Village Clerk 222 Grace Church Street Suite 120 Port Chester, NY 10573 Christopher Bradbury Village of Rye Brook 938 King Street Rye Brook, NY 10573 NYS Dormitory Authority 515 Broadway Albany NY 12207 Page 2 of 3  Rye Town Park Repair/Replacement of Pavilion Roofs SEQR Lead Agency Coordination Request Form ______ This Agency has no objection to the Town of Rye assuming Lead Agency status for this action. ______ This Agency wishes to be considered for Lead Agency for this action. ______ Other (see comments below) Comments: Agency: ________________________________________________________ Signature: ________________________________________________________ Title: ________________________________________________________ Date: ________________________________________________________ Return to: Rye Town Park Commission Attn Debbie Reisner, Town Administrator 222 Grace Church Street, 3rd Floor Port Chester, NY 10573 Page 3 of 3  RYE TOWN PARK PAVILION ROOF REMEDIATION 95 DEARBORN AVENUE, RYE, NY 10580 SITE LOCATION MAP LOCATION MAP  CORR 02 10-02-2023 660 White Plains Road, Suite 560, Tarrytown, NY 10591 Tel: (914) 345-6799 Fax: (914) 345-6797 www.kingscapitalgroup.com 9/26/2023 Village of Port Chester 222 Grace Church Street, Port Chester, NY 10573 Dear Mayor Marino and Board of Trustees, Kings Capital Construction is currently constructing a mixed-use development at 30 Broad Street, and we’d like your permission to hang a custom-made light pole banner during the holiday season. Our idea is to have a KINGS-blue banner with our silver-colored logo with a message that will say “Happy Holidays”. The banner would be very simple, but to the point, and because we’ve never seen anything like it on other development sites in Port Chester or Westchester County, we wanted to be the first to do it. I’ve included screen shots of general examples for your convenience. Kindly let us know if we have your consent to move forward. Thank you for your consideration, we look forward to your positive response. Sincerely, JD Summa, CEO & President Mike Casarella, COO & President & Kings Capital Construction  s igns a y D e H o l i d a n n e r r e d ! ole B I ns p i h t P G e t Lig D e c or. and 3  CORR 03 10-02-2023 From: Rabin, Stuart CORR 04 To: Richards, Janusz; Mayor and Board Subject: Fwd: Columbus Day Parade Banners 10-02-2023 Date: Friday, September 29, 2023 6:42:25 AM Please see this forwarded email for review and addition to the 10/2 meeting as correspondence. Sent via the Samsung Galaxy Z Flip3 5G, an AT&T 5G smartphone Get Outlook for Android From: Charles Sacco <saccofamilytree@gmail.com> Sent: Thursday, September 28, 2023 9:19:52 PM To: Phil Dorazio <doraziohomebills@gmail.com>; srabin@pcny.gov <srabin@pcny.gov>; Marino, Luis <MayorMarino@portchesterny.gov>; Rabin, Stuart <SRabin@portchesterny.gov> Subject: Columbus Day Parade Banners Dear Mr. Rabin, We are hopeful you will allow the Knights of Columbus to post two banners announcing the Columbus Day Parade on Sunday, October 8th. They are very large. In the past they have been draped across Westchester Avenue at the corner of Grove Street. Can one be posted in Lyon Park? Please feel free to contact me. I will be able to answer any questions or concerns you may have. Thank you for your time and attention. Sincerely, Charles Sacco Fr. John M. Grady Council #503 Knights of Columbus 327 Westchester Avenue Port Chester NY 10573 www.kofc503.org 914-907-4068 Get up. Show up. Put up. Links contained in this email have been replaced by ZixProtect Link Protection. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning. PUBLIC COMMENTS AND BOARD COMMENTS